Order reversed on the law and the facts and a new hearing granted, with costs.
The evidence was insufficient to justify the fixation of any rent in excess of emergency rent. On the hearing the landlord elected to proceed under subdivision 2 of section 4 of the emergency statute, and the learned Official Referee apparently fixed the rent under that subdivision. It provides that no rent shall be fixed in an amount in excess of 15% greater than the amount of the rent...
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